83_FR_18170 83 FR 18090 - Florida Power & Light Company; Turkey Point Units 6 and 7

83 FR 18090 - Florida Power & Light Company; Turkey Point Units 6 and 7

NUCLEAR REGULATORY COMMISSION

Federal Register Volume 83, Issue 80 (April 25, 2018)

Page Range18090-18091
FR Document2018-08593

The U.S. Nuclear Regulatory Commission (NRC) is issuing a notice of intent to enter into a modified indemnity agreement with Florida Power & Light Company (FPL) to operate Turkey Point Units 6 and 7. The NRC is publishing notice of its intent to enter into an indemnity agreement which contains provisions different from the general form found in the NRC's regulations. A modification to the general form is necessary to accommodate the unique timing provisions of a combined license (COL).

Federal Register, Volume 83 Issue 80 (Wednesday, April 25, 2018) 
[Federal Register Volume 83, Number 80 (Wednesday, April 25, 2018)]
[Notices]
[Pages 18090-18091]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-08593]


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NUCLEAR REGULATORY COMMISSION

[Docket Nos. 52-040 and 52-041; NRC-2009-0337]


Florida Power & Light Company; Turkey Point Units 6 and 7

AGENCY: Nuclear Regulatory Commission

ACTION: Notice of intent to enter into a modified indemnity agreement.

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SUMMARY: The U.S. Nuclear Regulatory Commission (NRC) is issuing a 
notice of intent to enter into a modified indemnity agreement with 
Florida Power & Light Company (FPL) to operate Turkey Point Units 6 and 
7. The NRC is publishing notice of its intent to enter into an 
indemnity agreement which contains provisions different from the 
general form found in the NRC's regulations. A modification to the 
general form is necessary to accommodate the unique timing provisions 
of a combined license (COL).

DATES: On April 5, 2018, the Commission authorized the Director of the 
Office of New Reactors to issue COLs to FPL to construct and operate 
Turkey Point Units 6 and 7. The modified indemnity agreement would be 
effective upon issuance of the COLs.

ADDRESSES: Please refer to Docket ID NRC-2009-0337 when contacting the 
NRC about the availability of information regarding this document. You 
may obtain publicly-available information related to this document 
using any of the following methods:
     Federal Rulemaking website: Go to http://www.regulations.gov and search for Docket ID NRC-2009-0337. Address 
questions about NRC dockets to Jennifer Borges; telephone: 301-287-
9127; email: [email protected]. For technical questions, contact 
the individual listed in the FOR FURTHER INFORMATION CONTACT section of 
this document.
     NRC's Agencywide Documents Access and Management System 
(ADAMS): You may obtain publicly-available documents online in the 
ADAMS Public Documents collection at http://www.nrc.gov/reading-rm/adams.html. To begin the search, select ``ADAMS Public Documents'' and 
then select ``Begin Web-based ADAMS Search.'' For problems with ADAMS, 
please contact the NRC's Public Document Room (PDR) reference staff at 
1-800-397-4209, 301-415-4737, or by email to [email protected].
     NRC's PDR: You may examine and purchase copies of public 
documents at the NRC's PDR, Room O1-F21, One White Flint North, 11555 
Rockville Pike, Rockville, Maryland 20852.

FOR FURTHER INFORMATION CONTACT: Manny Comar, Office of New Reactors, 
U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; 
telephone: 301-415-3863, email: [email protected].

SUPPLEMENTARY INFORMATION:

I. Background

    On April 5, 2018, the Commission authorized issuance of COLs to FPL 
for Turkey Point Units 6 and 7. These COLs would include a license 
pursuant to part 70 of title 10 of the Code of Federal Regulations (10 
CFR), ``Domestic Licensing of Special Nuclear Material.'' Pursuant to 
10 CFR 140.20(a)(1)(iii), the NRC will execute and issue agreements of 
indemnity, effective on the date of a license under 10 CFR part 70, 
authorizing the licensee to possess and store special nuclear material 
at the site

[[Page 18091]]

of the nuclear reactor for use as fuel in operation of the nuclear 
reactor after issuance of an operating license for the reactor. The 
general form of indemnity agreement to be entered into by the NRC with 
FPL is contained in 10 CFR 140.92, ``Appendix B-Form of indemnity 
agreement with licensees furnishing insurance policies as proof of 
financial protection.''

II. Request/Action

    Pursuant to 10 CFR 140.9, the NRC is publishing notice of its 
intent to enter into an indemnity agreement that contains provisions 
different from the general form found in 10 CFR 140.92. Modifications 
to the general indemnity agreement are addressed in the following 
discussion.

III. Discussion

    The provisions of the general form of indemnity agreement in 10 CFR 
140.92 address insurance and indemnity for a licensee that is 
authorized to operate as soon as an operating license is issued 
pursuant to 10 CFR part 50, ``Domestic Licensing of Production and 
Utilization Facilities.'' FPL, however, has requested a COL pursuant to 
10 CFR part 52, ``Licenses, Certifications, and Approvals for Nuclear 
Power Plants,'' to construct and operate Turkey Point Units 6 and 7. 
Unlike an operating license, which authorizes operation of the facility 
as soon as the license is issued, a COL authorizes the construction and 
operation of the facility, and also includes a condition that bars 
operation until the Commission makes a finding pursuant to 10 CFR 
52.103(g) that the acceptance criteria in the COL are met (also called 
a ``Sec.  52.103(g) finding''). The COL holders are not required to 
maintain financial protection in the amount specified in 10 CFR 
140.11(a)(4) before the Sec.  52.103(g) finding is made, but must 
maintain financial protection in the amount specified by 10 CFR 140.13 
upon receipt of a COL because the COL includes a license issued 
pursuant to 10 CFR part 70. Therefore, the provisions in the general 
form of indemnity agreement must be modified to address the timing 
differences applicable to COLs.
    Modifications to the general form of indemnity agreement will 
reflect the timing distinctions applicable to COLs. In addition, other 
modifications and their intent are described below:
    (1) References to Mutual Atomic Energy Liability Underwriters have 
been removed because this entity no longer exists.
    (2) Monetary amounts have been updated to reflect changes that have 
been made to Section 170, ``Indemnification and Limitation of 
Liability,'' of the Atomic Energy Act of 1954, as amended (42 U.S.C. 
2210).

IV. Conclusions

    Accordingly, for the reasons discussed in this notice, and in 
accordance with 10 CFR 140.9, the NRC hereby provides notice of its 
intent to enter into an agreement of indemnity with FPL for Turkey 
Point Units 6 and 7 with the described modifications to the general 
form of indemnity.

    Dated at Rockville, Maryland, this 19th day of April 2018.

    For the Nuclear Regulatory Commission.
Robert M. Taylor,
Acting Director, Division of New Reactor Licensing, Office of New 
Reactors.
[FR Doc. 2018-08593 Filed 4-24-18; 8:45 am]
 BILLING CODE 7590-01-P

18090 Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices ichi Nuclear Power Plant in March External Events’’’ (ADAMS Accession general form is necessary to 2011. Order EA–12–049 requires all No. ML17005A187). accommodate the unique timing licensees and construction permit provisions of a combined license (COL). II. Congressional Review Act holders to develop a three-phase DATES: On April 5, 2018, the approach for mitigating beyond-design- This ISG revision is a rule as defined Commission authorized the Director of basis external events. The initial phase in the Congressional Review Act (5 the Office of New Reactors to issue requires the use of installed equipment U.S.C. 801–808). However, the Office of COLs to FPL to construct and operate and resources to maintain or restore Management and Budget has not found Turkey Point Units 6 and 7. The core cooling, containment, and spent it to be a major rule as defined in the modified indemnity agreement would fuel pool cooling. The transition phase Congressional Review Act. be effective upon issuance of the COLs. requires providing sufficient, portable, III. Backfitting and Issue Finality ADDRESSES: Please refer to Docket ID onsite equipment and consumables to NRC–2009–0337 when contacting the maintain or restore these functions until This ISG provides guidance on an acceptable method for implementing the NRC about the availability of they can be accomplished with information regarding this document. resources brought from off site. The requirements contained in Order EA– 12–049. Licensees may voluntarily use You may obtain publicly-available final phase requires obtaining sufficient information related to this document offsite resources to sustain those the guidance in Revision 2 to JLD–ISG– 2012–01 to demonstrate compliance using any of the following methods: functions indefinitely. Order EA–12– • Federal Rulemaking website: Go to 049 also specified that the NRC would with Order EA–12–049. Methods or http://www.regulations.gov and search issue final interim staff guidance in solutions that differ from those for Docket ID NRC–2009–0337. Address August 2012, to provide additional described in this ISG may be deemed questions about NRC dockets to Jennifer details on an acceptable approach for acceptable if they provide sufficient Borges; telephone: 301–287–9127; complying with Order EA–12–049. basis and information for the NRC to email: Jennifer.Borges@nrc.gov. For verify that the proposed alternative The original version of this ISG, technical questions, contact the demonstrates compliance with Order which endorsed the original NEI 12–06, individual listed in the FOR FURTHER EA–12–049. was issued on August 29, 2012. INFORMATION CONTACT section of this Issuance of this ISG does not Revision 1 to JLD–ISG–2012–01 constitute backfitting as defined in document. incorporated acceptable alternative • NRC’s Agencywide Documents section 50.109 of title 10 of the Code of approaches to compliance proposed by Access and Management System Federal Regulations (10 CFR), licensees, as well as the NRC’s review (ADAMS): You may obtain publicly- ‘‘Backfitting’’ (the Backfit Rule), and is strategy described in COMSECY–14– available documents online in the not otherwise inconsistent with the 0037, ‘‘Integration of Mitigating ADAMS Public Documents collection at issue finality provisions in 10 CFR part Strategies for Beyond-Design Basis http://www.nrc.gov/reading-rm/ 52, ‘‘Licenses, Certifications, and External Events and the Reevaluation of adams.html. To begin the search, select Approvals for Nuclear Power Plants.’’ Flooding Hazards’’ (ADAMS Accession ‘‘ADAMS Public Documents’’ and then No. ML14238A616), which clarified the Dated at Rockville, Maryland, this 19th day select ‘‘Begin Web-based ADAMS of April, 2018. Search.’’ For problems with ADAMS, NRC’s position on the interdependency For the Nuclear Regulatory Commission. please contact the NRC’s Public of the mitigating strategies responses and the responses to the seismic and Anita L. Lund, Document Room (PDR) reference staff at flooding reevaluations. The NRC has Director, Division of Licensing Projects, Office 1–800–397–4209, 301–415–4737, or by further revised this ISG in Revision 2 in of Nuclear Reactor Regulation. email to pdr.resource@nrc.gov. order to include additional guidance [FR Doc. 2018–08601 Filed 4–24–18; 8:45 am] • NRC’s PDR: You may examine and regarding reevaluated seismic hazard BILLING CODE 7590–01–P purchase copies of public documents at information and changes based on the NRC’s PDR, Room O1–F21, One lessons learned related to mitigating White Flint North, 11555 Rockville strategies implementation. This revised NUCLEAR REGULATORY Pike, Rockville, Maryland 20852. guidance will be publicly available and COMMISSION FOR FURTHER INFORMATION CONTACT: used by members of the industry to help [Docket Nos. 52–040 and 52–041; NRC– Manny Comar, Office of New Reactors, develop their responses to Order EA– 2009–0337] U.S. Nuclear Regulatory Commission, 12–049, including impacts of the Washington DC 20555–0001; telephone: reevaluated seismic and flooding Florida Power & Light Company; 301–415–3863, email: Manny.Comar@ information, and by the NRC in its Turkey Point Units 6 and 7 nrc.gov. reviews of licensee strategies. On AGENCY: Nuclear Regulatory SUPPLEMENTARY INFORMATION: November 10, 2016 (81 FR 79056), the Commission NRC requested public comments on I. Background ACTION: Notice of intent to enter into a draft Revision 2 to JLD–ISG–2012–01. modified indemnity agreement. On April 5, 2018, the Commission The NRC received comments from seven authorized issuance of COLs to FPL for stakeholders, which were considered in SUMMARY: The U.S. Nuclear Regulatory Turkey Point Units 6 and 7. These COLs the development of the final Revision 2 Commission (NRC) is issuing a notice of would include a license pursuant to part to JLD–ISG–2012–01. The questions, intent to enter into a modified 70 of title 10 of the Code of Federal comments, and NRC resolutions of those indemnity agreement with Florida Regulations (10 CFR), ‘‘Domestic sradovich on DSK3GMQ082PROD with NOTICES comments are contained in ‘‘NRC Power & Light Company (FPL) to Licensing of Special Nuclear Material.’’ Responses to Public Comments: operate Turkey Point Units 6 and 7. The Pursuant to 10 CFR 140.20(a)(1)(iii), the Revision 2 to JLD–ISG–2012–01, NRC is publishing notice of its intent to NRC will execute and issue agreements Compliance with Order EA–12–049, enter into an indemnity agreement of indemnity, effective on the date of a ‘Order Modifying Licenses with Regard which contains provisions different license under 10 CFR part 70, to Requirements for Mitigation from the general form found in the authorizing the licensee to possess and Strategies for Beyond-Design-Basis NRC’s regulations. A modification to the store special nuclear material at the site VerDate Sep<11>2014 19:12 Apr 24, 2018 Jkt 244001 PO 00000 Frm 00098 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1

Federal Register / Vol. 83, No. 80 / Wednesday, April 25, 2018 / Notices 18091 of the nuclear reactor for use as fuel in ‘‘Indemnification and Limitation of available documents online in the operation of the nuclear reactor after Liability,’’ of the Atomic Energy Act of ADAMS Public Documents collection at issuance of an operating license for the 1954, as amended (42 U.S.C. 2210). http://www.nrc.gov/reading-rm/ reactor. The general form of indemnity adams.html. To begin the search, select IV. Conclusions agreement to be entered into by the NRC ‘‘ADAMS Public Documents’’ and then with FPL is contained in 10 CFR 140.92, Accordingly, for the reasons select ‘‘Begin Web-based ADAMS ‘‘Appendix B–Form of indemnity discussed in this notice, and in Search.’’ For problems with ADAMS, agreement with licensees furnishing accordance with 10 CFR 140.9, the NRC please contact the NRC’s Public insurance policies as proof of financial hereby provides notice of its intent to Document Room (PDR) reference staff at protection.’’ enter into an agreement of indemnity 1–800–397–4209, 301–415–4737, or by with FPL for Turkey Point Units 6 and email to pdr.resource@nrc.gov. For the II. Request/Action 7 with the described modifications to convenience of the reader, the ADAMS Pursuant to 10 CFR 140.9, the NRC is the general form of indemnity. accession numbers are provided in a publishing notice of its intent to enter table in the ‘‘Availability of Documents’’ Dated at Rockville, Maryland, this 19th day into an indemnity agreement that of April 2018. section of this document. contains provisions different from the general form found in 10 CFR 140.92. For the Nuclear Regulatory Commission. • NRC’s PDR: You may examine and Modifications to the general indemnity Robert M. Taylor, purchase copies of public documents at agreement are addressed in the Acting Director, Division of New Reactor the NRC’s PDR, Room O1–F21, One following discussion. Licensing, Office of New Reactors. White Flint North, 11555 Rockville [FR Doc. 2018–08593 Filed 4–24–18; 8:45 am] Pike, Rockville, Maryland 20852. III. Discussion BILLING CODE 7590–01–P FOR FURTHER INFORMATION CONTACT: The provisions of the general form of Manny Comar, telephone: 301–415– indemnity agreement in 10 CFR 140.92 3863, email: Manny.Comar@nrc.gov address insurance and indemnity for a NUCLEAR REGULATORY regarding safety matters, and Alicia licensee that is authorized to operate as COMMISSION Williamson, telephone: 301–415–1878, soon as an operating license is issued [Docket Nos. 52–040 and 52–041; NRC– email: Alicia.Williamson@nrc.gov pursuant to 10 CFR part 50, ‘‘Domestic 2009–0337] regarding environmental matters. Both Licensing of Production and Utilization are staff of the Office of New Reactors, Facilities.’’ FPL, however, has requested Florida Power & Light Company; U.S. Nuclear Regulatory Commission, a COL pursuant to 10 CFR part 52, Turkey Point Units 6 and 7 Washington DC 20555–0001. ‘‘Licenses, Certifications, and Approvals for Nuclear Power Plants,’’ to construct AGENCY: Nuclear Regulatory SUPPLEMENTARY INFORMATION: and operate Turkey Point Units 6 and 7. Commission. I. Introduction Unlike an operating license, which ACTION: Combined licenses and record authorizes operation of the facility as of decision; issuance. Under section 2.106 of title 10 of the soon as the license is issued, a COL Code of Federal Regulations (10 CFR), SUMMARY: The U.S. Nuclear Regulatory the NRC is providing notice of the authorizes the construction and Commission (NRC) has issued operation of the facility, and also issuance of COL Nos. NPF–104 and Combined License (COL) Nos. NPF–104 NPF–105 to FPL. Under 10 CFR includes a condition that bars operation and NPF–105 to Florida Power & Light until the Commission makes a finding 50.102(c), the NRC is providing notice Company (FPL) for Turkey Point Units of the Commission’s Memorandum and pursuant to 10 CFR 52.103(g) that the 6 and 7. In addition, the NRC has acceptance criteria in the COL are met Order documenting its final decision on prepared a Summary Record of Decision the uncontested hearing, which serves (also called a ‘‘§ 52.103(g) finding’’). The (ROD) that supports the NRC’s decision COL holders are not required to as the ROD in this proceeding. With to issue the above-named COLs. respect to the application for COLs filed maintain financial protection in the DATES: Combined License Nos. NPF–104 by FPL, the NRC finds that the amount specified in 10 CFR 140.11(a)(4) before the § 52.103(g) finding is made, and NPF–105, became effective on April applicable standards and requirements but must maintain financial protection 12, 2018. of the Atomic Energy Act of 1954, as in the amount specified by 10 CFR ADDRESSES: Please refer to Docket ID amended (AEA), and the Commission’s 140.13 upon receipt of a COL because NRC–2009–0337 when contacting the regulations have been met. The NRC the COL includes a license issued NRC about the availability of finds that any required notifications to pursuant to 10 CFR part 70. Therefore, information regarding this document. other agencies or bodies have been duly the provisions in the general form of You may obtain publicly-available made and that there is reasonable indemnity agreement must be modified information related to this document assurance that the facilities will be to address the timing differences using any of the following methods: constructed and will operate in applicable to COLs. • Federal Rulemaking Website: Go to conformity with the license, the Modifications to the general form of http://www.regulations.gov and search provisions of the AEA, and the indemnity agreement will reflect the for Docket ID NRC–2009–0337. Address Commission’s regulations. Furthermore, timing distinctions applicable to COLs. questions about NRC dockets to Jennifer the NRC finds that FPL is technically In addition, other modifications and Borges; telephone: 301–287–9127; and financially qualified to engage in email: Jennifer.Borges@nrc.gov. For the activities authorized, and that sradovich on DSK3GMQ082PROD with NOTICES their intent are described below: (1) References to Mutual Atomic technical questions, contact the issuance of the licenses will not be Energy Liability Underwriters have been individuals listed in the FOR FURTHER inimical to the common defense and removed because this entity no longer INFORMATION CONTACT section of this security or to the health and safety of exists. document. the public. Finally, the NRC has (2) Monetary amounts have been • NRC’s Agencywide Documents determined that the findings required by updated to reflect changes that have Access and Management System subpart A of 10 CFR part 51 have been been made to Section 170, (ADAMS): You may obtain publicly made. VerDate Sep<11>2014 19:12 Apr 24, 2018 Jkt 244001 PO 00000 Frm 00099 Fmt 4703 Sfmt 4703 E:\FR\FM\25APN1.SGM 25APN1


Document Created: 2018-11-02 08:17:38
Document Modified: 2018-11-02 08:17:38
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice of intent to enter into a modified indemnity agreement.
DatesOn April 5, 2018, the Commission authorized the Director of the Office of New Reactors to issue COLs to FPL to construct and operate Turkey Point Units 6 and 7. The modified indemnity agreement would be effective upon issuance of the COLs.
ContactManny Comar, Office of New Reactors, U.S. Nuclear Regulatory Commission, Washington DC 20555-0001; telephone: 301-415-3863, email: [email protected]
FR Citation83 FR 18090 
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